BUSINESS TERMS & CONDITIONS
of the trading company DIVERA HUB SRL, with registered No. J12/365/2019, address Calea Baciului Nr.179B, Cluj-Napoca, Romania, identification No: 40537489 and registered in the Commercial Register maintained by the Municipal Court in Cluj-Napoca, Romania, regulating remote contract conclusion procedure and the sale of goods via online e-shop functioning at the internet address www.diverahub.com
- INTRODUCTORY PROVISIONS
1.1. These business terms and conditions (hereinafter referred to as ‘Terms and Conditions’) of the trading company DIVERA HUB SRL, with registered address at Calea Baciului Nr.179B, Cluj-Napoca, Romania, registered in the Commercial Register maintained by the Municipal Court in Cluj-Napoca (hereinafter referred to as the Seller’) govern in accordance with the law, mutual rights and obligations of the parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as ‘the Purchase Contract’) concluded remotely between the Seller and another physical entity (hereinafter referred to as ‘the Buyer’), as a rule through the online store of the Seller. Online store is operated by the Seller on the website located at the internet address www.diverahub.com (hereinafter referred to as ‘the Website’), and through the interface of the website (hereinafter referred to as ‘the Online Store Interface’).
1.2. These Terms and Conditions also apply in the event that the party intending to buy the goods from the seller is a legal person or a person who orders the goods in the course of their business or their own professional activity. unless another contract or other legal agreement has been made between the above parties and the seller.
1.3 Any provisions that deviate from the Terms and Conditions can be negotiated in the Purchase Contract. Different provisions in the Purchase Contract take precedence over the provisions of these terms and conditions.
1.4. All provisions of the Business Terms and Conditions are an integral part of the Purchase contract. The Purchase contract and the Terms and Conditions are primarily written in english language.
1.5. The Seller can modify or extend the wording of the Business Terms and Conditions by means of addendums. This provision shall not affect the rights and obligations established during the effectiveness of the previous version of the Business Terms and Conditions.
- PURCHASE CONTRACT CONCLUSION
2.1 All the goods presented in the online store, at the web interface, are of informative character. Small variations of the products might occur from the presentation, such as the color tone, small variations of shapes or particular marks on the bamboo used for fabricating the frame migh be present. The Seller is obliged to conclude the Purchase contract with regards to these particular products.
2.2. The web interface of the shop contains information about the goods including the prices of individual goods and information about the VAT tax.
2.3. To place the order of the goods, the Buyer fills in the order form in the web interface of the shop.
2.4. For ordering of the custom made bicycles, the Buyer fills in the order form, that is present on the website or by requesting an order form for custom made bicycles from the Seller via e-mail address: [email protected]
2.5. The Buyer acknowledges that the bicycles manufactured by Diverahub SRL are products for recreational use only and under no circumstances the products should be used in competitions, extreme sports or other business related activities.
2.6. Prior to sending the order to the Seller, the Buyer has a possibility to check and change the data which s/he submitted, also with regard to the possibility of the Buyer to detect and correct errors which occurred when entering the data into the order form. The Buyer sends the order as a rule by e-mail. The information submitted in such an order is considered correct by the Seller. Upon receipt of the Order the Seller confirms the receipt to the Buyer by e-mail without undue delay. Such confirmation is sent to the e-mail address of the Buyer specified in the user account or in the Order (hereinafter referred to as the ‘electronic address of the Buyer’).
2.7. The Seller is always entitled to, depending on the nature of the order (the nature and the quantity of the goods, the design of the bike frame, the availability of the components provided by the suppliers – third parties, the amount of the purchase price, the estimated shipping costs), ask the Buyer for additional order confirmation in writing. The Buyer is obliged to, depending on the nature of the order, provide such a written confirmation of the order.
2.8. The contractual relationship between the Seller and the Buyer arises from the receipt of the order (the order acceptance) that is sent by the Seller to the Buyer by e-mail to the e-mail address of the Buyer (hereinafter referred to as the ‘Binding order’). The order of the custom made bicycle, according to the section 2.5 becomes binding at the moment of the payment of the deposit on the purchase price according to the section 3.4. The acceptance of the Binding order is understood to be the Purchase contract.
2.9. The Buyer agrees with the use of remote communication means when concluding the Purchase contract. The costs incurred by the Buyer when using means of remote communication in connection with conclusion of the Purchase contract (costs of internet connection, telephone calls, etc) are borne by the Buyer, at that these costs are not different from the basic rate.
- THE PRICE OF THE GOODS AND THE PAYMENT TERMS
3.1. The Buyer can pay the Seller the price of the goods and any costs associated with the delivery of the goods according to the Purchase contract using the following payment methods: non-cash transfer to the accounts of the Seller: No RO89RNCB0106162817760002. All accounts are held at the Romanian Commercial Bank, a. s. (hereinafter referred to as ‘Seller‘s account’); non-cash payment by card – secured by NETOPIA PAYMENTS.
3.2. If not specified otherwise, the purchase price also covers the expenses related to the delivery of the goods.
3.3. The Seller can request from the Buyer an initial deposit when custom made bicycles are made. The deposit, in the amount of 40% of the purchase price of the goods, shall be withdrawn from the total cost of the bicycle.
3.4. The Buyer will pay the full price of the bicycle, minus the initial deposit only when Seller and the Buyer agree on the final characteristics of the product, by means of e-mail or by telephone. This provision does not act on the provisions of the section 3.7 of the Business Terms and Conditions concerning the obligation to pay the purchase price of the goods in advance.
3.5. The purchase price of the goods is due in 5 days from the moment of the contract conclusion.
3.6. The Buyer‘s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the account of the Seller.
3.7. The Seller is entitled to, in particular in the event that the Buyer fails to provide an additional confirmation of the Order, require the payment of the full purchase price before sending the goods to the Buyer.
3.8. Any possible provided discounts on the purchase price of the goods given by the Seller to the Buyer cannot be combined.
3.9. If it is in the usual course of trade or if so stipulated by generally binding legal regulations, the Seller shall issue a tax document – an invoice – to the Buyer with regards to the payments made under the Contract. The tax document (the invoice) issued by the Seller to the Buyer after the payment of the purchase price of the goods shall be sent electronically to the electronic address of the Buyer.
3.10. The Seller is obliged to issue a receipt to the Buyer. At the same time he is obliged to register the received payment at the tax administrator online; in case of a technical failure, at the latest within 48 hours.
- RESERVATION OF PROPRIETARY RIGHTS
4.1. The right of ownership to all supplied goods shall pass to the Buyer in the moment of payment of the Purchase price for such goods to the Seller according to the Purchase contract or the Binding order.
- WARRANTY AND COMPLAINT CONDITIONS
5.1. The Seller takes responsibility in front of the Buyer to ensure that the delivered goods at the moment of the transition of the risk of damage to the Buyer do not have any defects. The liability of the Seller for defects of goods shall not apply (I) in the case of goods sold at a lower price due to a defect for which the lower price was negotiated, (II) in case of used goods for defects corresponding to the degree of wear and tear of the goods, which the goods manifested at the moment of the transition of the risk of damage to the Buyer and (III) in case of the goods where, at the explicit request of the Buyer, the Seller introduced some changes of quality or design as compared to the goods advertised and commonly offered by the Seller, for the defects which arose as a result of non-standard technological procedure in order to ensure the requirements of the Buyer.
5.2. The Buyer has to notify the Seller of all obvious defects in the number, type, design or quality of the goods in writing within 5 days from the receipt of the goods, otherwise the Buyer’s right arising from defective contract performance shall lapse. If there is a hidden defect of the goods, the Buyer’s rights arising from defective contract performance shall lapse, unless the defect was notified to the Seller in writing without undue delay from the moment when it could be revealed by the Buyer with application of sufficient vigilance, at the latest however within 12 months from the receipt of the goods. The written notice for the purposes of this paragraph will also be understood as an exchange of e-mails or other electronic messages.
5.3. If the Buyer proves that the goods at the moment of the transition of the risk of damage to the Buyer had a major defect, the Buyer may require from the Seller to eliminate this defect, at that, the Buyer may choose if this will be done either by way of repairing the goods or delivering the new goods free of defects. If the Seller fails to eliminate the major defect of the goods within 30 days from the moment of the Buyer’s notification of such a defect, the Buyer has the right to demand a reasonable discount from the Purchase price of the goods or to withdraw from the Purchase contract. The Seller is entitled to reasonably extend this period in the case of the sale of goods abroad.
5.4. If the Buyer proves that the goods at the moment of the transition of the risk of damage to the Buyer had a minor defect, the Buyer may require from the Seller to eliminate this defect, at that, the Buyer may choose if this will be done either by way of repairing the goods or delivering the new goods free of defects. If the Seller fails to eliminate the material defect of the goods within 30 days from the moment of the Buyer’s relevant notification of defects, the Buyer has the right to demand a reasonable discount from the Purchase price of the goods. The Seller is entitled to reasonably extend this period in the case of the sale of goods abroad.
5.5. The Seller undertakes to ensure that from the moment of the transition of risk of damage to the Buyer the goods will be qualified for use in accordance with the information indicated in the warranty certificate. This period for the first owner of the frame is set to be 2 years. („Quality guarantee period“).
5.6. The Seller’s liability for defects and the Quality guarantee furthermore shall not apply in case of any interference with the goods carried out by the Buyer or a third party in a manner inconsistent with the instructions or catalogue documentation. The Quality guarantee or liability for defects shall not apply to defects of goods caused by transport, mechanical damage, improper handling or installation, and an unavoidable event. The Buyer shall not be entitled to the compensation of expenses or damage incurred as a result of or in connection with defects of goods or non-compliance with guaranteed characteristics of the goods, unless the Buyer proves that the damage was caused by the Seller intentionally or through major negligence.
5.7. After the assembly, the bicycle must be professionally serviced. The Buyer is obliged, in particular, to keep a service book for the entire warranty period, which he is obliged to submit to the Seller when claiming the defects of the goods or exercising the rights arising from the Quality guarantee. The Buyer is obliged to ensure the records of guarantee services in the service book. The failure to comply with the above conditions will result in the expiry of the liability of the Seller for defects of goods and the Quality guarantee.
5.8. If the Buyer proves that the bicycle for the duration of the Quality Guarantee period and with compliance to the above conditions has become unqualified for use in accordance with the information indicated in the instructions for use, or in the service book, the Buyer is entitled to request the Seller to repair the goods. The Seller has the right to, instead of repair of the goods, deliver to the Buyer the replacement of original goods. If the repair or the replacement of the goods does not take place within 30 days from the date on which the Buyer claimed his rights arising from the Quality guarantee to the Seller, the Buyer is entitled to demand instead of repair or replacement of the goods a reasonable discount from the purchase price of goods or withdraw from the Purchase contract. The Seller is entitled to reasonably extend this period in case of the sale of goods abroad. The Quality guarantee for the frame of the racing bicycle does not apply to minor defects in the paint, see “The instructions for use”.
5.9. Other rights and obligations of the parties related to the liability of the Seller for defects and to the provision of Quality guarantee can be modified by the Seller’s Complaints procedure.
- WITHDRAWAL FROM THE PURCHASE CONTRACT
6.1. The Buyer acknowledges that pursuant to Chapter 3, Art XVI – C, from the Directive 2011/83/EU of the European Parliament and of the Council of European Union it is not possible, inter alia, to withdraw from the purchase contract for the supply of goods, which was modified according to the wish of the Buyer or to his/her person. The Buyer acknowledges and explicitly agrees that, in the case of the Purchase contract, the subject of which is the delivery of a custom made bicycle, or its parts (in particular the bicycle frame), the goods in question is the goods that have been manufactured and modified according to the wishes of the Buyer, or to his person, and in accordance with the provisions of Chapter 3, Art XVI – C, from the Directive 2011/83/EU of the European Parliament and of the Council of European Union, the Buyer cannot withdraw from such purchase contract.
6.2. If it is not the case referred to in the section 6.1 of the Business Terms and Conditions or any other case where the withdrawal from the Purchase contract is not possible, the Buyer has, in accordance with the provisions of the Directive 2011/83/EU of the European Parliament and of the Council of the European Union, the right to withdraw from the Purchase contract within fourteen (14) days from the receipt of the goods, and in the case that the subject of the purchase contract was the delivery of several types of goods or the delivery of a number of parts, this period runs from the date of the receipt of the last delivery of the goods. The withdrawal from the Purchase contract must be sent to the Seller within the deadline referred to in the previous sentence. In order to withdraw from the Purchase contract, the Buyer has to use the form provided by the Seller, which is an integral part of the Business Terms and Conditions. The Buyer can send the withdrawal from the purchase contract, inter alia, to the address of the Seller or to the electronic mail address of the Seller.
6.3. In case of withdrawal from the Purchase contract according to the section 6.2 of the Business Terms and Conditions, the Purchase contract is cancelled from the beginning of its duration. The Buyer must return the goods to the Seller within fourteen (14) days from the delivery of the withdrawal notification to the Seller. If the Buyer withdraws from the purchase contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, and even in that case, when the goods cannot be returned because of their nature by means of regular postal parcel.
6.4. In case of withdrawal from the Purchase contract according to the section 6.2 of the Business Terms and Conditions, the Seller returns the funds received from the Buyer within fourteen (14) days from moment of Buyer’s withdrawal from the Purchase contract, and the return of funds is performed in the same way as the Seller received the funds from the Buyer. The Seller also has the right to return the funds provided by the Buyer to the Buyer upon return of the goods by the Buyer or in another way, in case the Buyer agrees with it and will not incur any additional costs. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods.
6.5. The right of the Seller for the compensation of the damage incurred to the goods can be unilaterally set against the Buyer’s right to refund the purchase price
6.6. In cases where the Buyer has, in accordance with the provisions of the Directive 2011/83/EU of the European Parliament and of the Council of the European Union, the right to withdraw from the Purchase contract, the Seller is also entitled at any time to withdraw from the Purchase contract, up to the time of receipt of the goods by the Buyer. In such a case, the Seller returns the purchase price to the Buyer without undue delay, by way of direct transfer to an account designated by the Buyer.
6.7. If together with the goods the Buyer was given a gift, the gift agreement between the Seller and the Buyer is concluded with a resolutive condition that in case of Buyer’s withdrawal from the contract, the gift agreement regarding such a gift becomes void and the Buyer shall return the gift together with the goods back to the Seller.
- TRANSPORT AND DELIVERY OF THE GOODS
7.1. The Seller delivers to the Buyer the ordered goods after full payment of the purchase price, and in the period agreed upon in the Binding order (Order). If the term of goods delivery is not specified, the Seller shall determine such a term and communicate it to the Buyer upon inquiry. The compliance with the delivery term is stipulated by the fulfillment of the contractual obligations by the Buyer. Part of the supplied goods – a custom made bicycle – are in particular the following documents:
- Binding order (Order)
- Delivery note
- Warranty certificate
- Service book
- The instructions for package of the goods for the cases of bicycle transport by a third-party carrier to the Seller
- Instructions for use
7.2. The Seller’s obligation to deliver the goods to the Buyer is fulfilled by the handover of the goods to the Buyer, or by ensuring that the goods are ready for take-over and enabling the Buyer to handle the goods. In the same way, the Seller’s obligation to deliver the goods is met when the goods are handed over to the first carrier for transport to the Buyer. If it is not agreed in writing otherwise between the contractual parties, the Buyer is obliged to take over the goods, provided the goods are without defects, from the Seller, at the latest within 14 days from the date when the Seller has enabled the Buyer to handle the goods. If the goods are not taken over by the Buyer within six months from the moment when the goods are ready for takeover, the goods become the property of the Seller and the Buyer shall not be entitled to refund of the purchase price or its advance.
7.3. The risk of damage to the goods passes to the Buyer when the Buyer takes the goods over from the Seller. If the goods are not taken over by the Buyer in the agreed period, although the Seller has enabled the Buyer to handler the goods, the risk of damage to the goods passes to the Buyer at the moment when the Buyer gets into delay with goods takeover. If the Seller sends the goods by a third-party carrier, the risk of damage to the goods passes to the Buyer when the Seller hands the goods over to the first carrier with the purpose of transport to the Buyer. The Buyer or his designee has the duty to con rm the goods acceptance in writing to the seller within 3 days of the receipt of the goods. The Delivery note is used for the confirmation of the goods receipt the Buyer. The written confirmation in the form of the Delivery note certifying the receipt of goods must contain at least (i) determined model and quantity of the accepted goods, (ii) the date of receipt of the goods and (ii) the name, surname and signature of the accepting person. For the purposes of this paragraph the exchange of e-mail or other electronic messages is considered to be the written form.
7.4. If not agreed otherwise between the contractual parties in writing, the partial deliveries of the goods are allowed. If the need for a partial delivery arises the Buyer shall bear the costs for shipping and handling. For the purposes of this paragraph the exchange of e-mail or other electronic messages is considered to be the written form.
7.5. In the event of delay in delivery of goods on the side of the Seller, the Seller is obliged to inform the Buyer about the expected alternative date of delivery of the goods. If the Seller fails to deliver the goods on the alternative date of delivery notified to the Buyer, the Buyer is entitled to withdraw from the contract after fruitless expiry of a reasonable additional period for delivery of the goods, which the Buyer determines in written form by way of a formal notice sent to the Seller after the expiration of the alternative date of goods delivery notified by the Seller. This additional period set by the Buyer shall not be shorter than 1 month from the delivery of the formal notice to the Seller. The Buyer shall not be entitled to claim the right to cover the damage incurred as a result of Seller’s delay in delivery of the goods, unless the Buyer proves that the damage was caused by the Seller intentionally or through gross negligence.
7.6. The time needed for delivery of the goods shall reasonably be extended by the time during which the supply of goods is prevented by the circumstances on the part of the Seller, which could not be foreseen at the time of the purchase contract conclusion and which are not caused by the Seller (vis maior), in particular, a lack of energy or raw materials, a strike, a lockout, official measures, delay or failure on the part of subcontracted suppliers (in particular, it concerns the so-called upsell of the goods or for the release of new series of components). If such circumstances last longer than 3 months, or if there is an operational shutdown on the part of the Seller or his subcontractors, or there are the long-term exceptional circumstances, which are beyond the will of the Seller, the Seller shall be entitled, after the expiry of the additional three-month period to withdraw from the Purchase contract. In such a case the Buyer also has the right to withdraw from the Purchase contract. The Seller reimburses the purchase price or its advance to the Buyer without undue delay, and, as a rule, by bank transfer to the account designated by the Buyer.
7.7. In the case of a longer than 14-day delay on the part of the Buyer with fulfillment of his obligations to take over the goods in due manner and time, the Seller shall be entitled without detriment to its other contingent rights (especially the right to reimbursement of the costs of storage of goods or compensation for the damage caused) to require from the Buyer the payment of contractual penalty in the amount of 0,1 % of the purchase price of unaccepted goods for each commenced day of delay. If the Buyer’s delay in the goods takeover lasts longer than 30 days, the Seller has the right to withdraw from the Purchase contract. The Buyer in this case pays the cost of the delivery of the goods to the Seller.
7.8. If the Contractual parties conclude the Purchase contract in such a way that a different kind of goods and/or greater quantity of goods than was originally agreed in the Purchase contract will be delivered, without having agreed a new time of delivery of the goods or expressly confirming the delivery term provided in the original Purchase contract, the Seller is entitled to extend the originally specified term of delivery of the goods by the period which will be determined by the Seller, and upon inquiry the Seller shall communicate the new term of delivery to the Buyer.
7.9. In the case that the means of transport is negotiated on the basis of a specific request of the Buyer, the Buyer bears the risk and any additional costs associated with this means of transport.
7.10. In the event that due to some reasons on the part of the Buyer the goods have to be delivered repeatedly or by other means than specified in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with a different delivery method.
7.11. When taking the goods over from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier of such. In case of finding a breach of the package indicative of intrusion into the consignment, the Buyer may not take the consignment over. If the Buyer accepts the consignment in this case, she/he is accepting it at his/her own risk.
7.12. Other rights and obligations of the parties related to the transport of goods may be set out by special delivery conditions of the Seller, if issued by the Seller.
- THE RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
8.1. The rights and obligations of the Contractual parties regarding the rights arising from defective performance shall be governed by the relevant generally binding regulations (Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council Text with EEA relevance).
8.2. The Seller takes responsibility in front of the Buyer to ensure that the goods do not have defects at the moment of the goods handover. In particular, the Seller is liable to the Buyer to ensure that at the time when the Buyer receives the goods:
8.2.1. the goods have the qualities, which the parties have agreed upon, and, in the absence of such an agreement, such qualities that the Seller or the manufacturer described or which the Buyer expected given the nature of the goods and on the basis of the advertising carried out by the Seller,
8.2.2. the goods are qualified to be used for the purpose which is declared by the Seller, or which the goods of such type are normally used for,
8.2.3. the goods are in appropriate amount, scope and weight and
8.2.4. the goods fulfill the requirements of relevant legal regulations.
8.3. The Buyer acknowledges that the graphic design and visuals related to the design of the frame serve for illustration purposes only without regard to any future components and other specifics of the frame (type of brakes, type of wiring, the shape of the dropouts, etc.), it should also be taken into account that the illustrations do not reflect the real size of the frame. This fact does not serve a ground for not accepting of the goods and or withdrawal from the purchase contract by the Buyer.
8.4. The provisions referred to in the section 8.2 of the present Terms and Conditions shall not apply to goods sold at a lower price due to a defect for which the lower price was negotiated, to the regular degree of wear and tear of the goods caused by its usual use, in case of used goods for the defects corresponding to the degree of use or wear and tear of the goods at the time of the takeover of the goods by the Buyer, or if it arises from the nature of the goods.
8.5. If the defect is revealed in the run of 6 months from the moment of the goods takeover, it shall be deemed that the goods were already defective when accepted. The Buyer is entitled to exercise the right arising from defective performance of the Seller, which is revealed in consumer goods in the run of twenty-four months from the moment of the goods takeover.
8.6. The rights arising from defective performance shall be exercised by the Buyer at the address of the Seller’s operational premises, in which the acceptance of the led complaint is possible with regard to the assortment of sold goods, possibly also at the registered address of the Seller or in the place of business operation.
8.7. Other rights and obligations of the parties related to the liability of the Seller for defects can by regulated by the Complaints procedure issued by the Seller.
9.1. Geometry drawings, models, technical documentation, photos, graphics, design, marketing materials, pattern designs and all other technical and marketing information and materials issued in the run of the contract performance by the Seller – in particular for the purposes of the manufacture and the graphic solution of the bicycle frame, are the copyrighted work created under the direction of the Seller and shall not be used for any other purpose without the Divera SRL prior to the express consent. These documents shall not be used by the Buyer, in particular copied, reproduced and also must not be disclosed to any third parties without the prior written consent of the Seller. Sketches, drafts, proposals, technical or graphic solutions and other documents provided by the Buyer to the Seller are not the copyrighted work, unless the contractual parties agree otherwise in a separate written agreement.
9.2. All intellectual property rights arising from copyrighted works under the direction of the Seller or his representative referred to in section 10.1 belong for the purposes of these Terms and Conditions to the Seller, who has exclusive authorization to exercise such rights, at that in unlimited territorial and timely scope and in all ways relevant to the purpose for which these copyrighted works were intended, including the right to alter the work, to change, modify, combine with other works or create derivative works, and that for the duration of the property rights of the Seller as of the author.
- OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES
10.1. The Buyer gains the right of ownership for the goods by way of payment of the purchase price for the goods
10.2. The Seller in relation to the Buyer is not bound by any codes of conduct within the meaning in point (f) of Article 2 of Directive 2005/29/EC
10.3. The Seller ensures handling of consumer complaints via the electronic address [email protected] The information about the settlement of the complaint is sent by the Seller to the Buyer’s email address.
10.4. In case of out-of-court settlement of consumer disputes arising from the Purchase contract the European Online Dispute Resolution (ODR), internet address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show is used.
10.5. The European consumer centre in Romania, with registered office at Bd. Aviatorilor 72, Sector 1 București, RO-011865 România, internet address: http://www.eccromania.ro/language/en/home/ serves as the contact point according to a Regulation of the European parliament and of the Council (EU) No 524/2013 of 21 May 2013, on consumer dispute resolution via online platform and amending regulation (EC) No 2006/2004 and directive 2009/22/EC (regulation on consumer dispute resolution online).
10.6. The Seller is entitled to sell the goods on the basis of the trade license. The trade control is carried out by the competent trade licensing office in the framework of its competence. Supervision of the personal data protection is performed by the Office for the protection of personal data. The Romanian National Supervisory Authority for the Processing of Personal Data performs within the defined scope, inter alia, the supervision over compliance with Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, by Article 16 of the Treaty on the Functioning of the European Union and Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, on consumer protection, as amended.
10.7. The Buyer hereby assumes the risk of change of circumstances within the meaning of the Article 289(2) of the Treaty on the Functioning of the European Union.
- PERSONAL DATA PROTECTION
11.1. The protection of the personal data of the Buyer, who is a physical entity, is governed by General Data Protection Regulation 2016/679, on the protection of personal data, as amended.
11.2. The Buyer agrees with processing of the following personal data: name and surname, address of residence, identification number, tax identification number, electronic mail address and telephone number (hereinafter collectively referred to as the „personal information“).
11.3. The Buyer agrees to the processing of the personal data by the Seller, for the purpose of realization of the rights and obligations arising from the Purchase contract and for the purposes of the user account management. Unless the Buyer chooses another option, the Buyer agrees to the processing of personal data by the Seller also for the purpose of sending marketing information and relevant business communication to the Buyer. The consent to the processing of personal data in its entirety under the provisions of this article is not a condition which would itself prevent the conclusion of the Purchase contract.
11.4. The Buyer acknowledges that she/he is obligated to enter their personal data (at registration, in their user account, when ordering goods from the online shop) correctly and truthfully and that the Buyer shall without undue delay inform the Seller about changes in their personal data.
11.5. The Seller is entitled to assign the processing of personal data submitted by the Buyer to a third-party, acting in the role of the data processor. Apart from the persons transporting the goods the personal data of the Buyer will not be disclosed by the Seller to third parties without the prior consent of the Buyer.
11.6. The personal data will be processed for an indefinite period of time. The personal data will be processed electronically in an automated manner or in printed form in non-automated manner.
11.7. The Buyer confirms that the provided personal data are accurate and that he was informed that this is a voluntary provision of personal data.
11.8. In the event that the Buyer would have an impression that the Seller or the Processor of the data (sec.11.5) performs the processing of his personal data, which is in contradiction with the protection of private and personal life of the Buyer or in conflict with the law, especially if personal data are inaccurate with regard to the purpose of their processing, the Buyer may:
11.8.1. demand a clarification for such actions from the Seller or the Processor,
11.8.2. demand the elimination of such emerged situation by Seller or the Processor.
11.9. If the Buyer asks for information about the processing of their personal data, the Seller is obliged to provide such information. The Seller has the right to demand a reasonable compensation for the provided information pursuant to the previous sentence, not exceeding the costs necessary for the provision of information.
KEEPING YOUR PERSONAL DATA SAFE AND HANDLING THEM SECURELY
At DIVERAHUB we respect your privacy. We use the personal information that you optionally provided us with through the form on our website www.diverahub.com to:
- handle orders
- send targeted offers (with your consent)
- deal with sales returns and claims
- answer questions and requests at our email address [email protected]
- online marketing offers and special events (with your consent)
- send out newsletter as per registration request (with your consent)
Registered prospect and/or customer gives DIVERAHUB company their permission to use and process their collected personal data and to receive the company commercial announcements until further notice in compliance with the European Union data protection law (EU) 2016/679 regarding the General Data Protection Regulation.
DIVERAHUB COLLECTS, USES AND PROCESSES PERSONAL DATA IN THIS EXTENT
We process the following necessary data in order to provide you with quality service and products to your liking:
- email address
- billing address
- shipping address
- purchase history
- diverahub.com website visits tracking
- e-mail campaigns activity history
HOW LONG WE KEEP YOUR PERSONAL INFORMATION FOR?
Your personal data will be used and processed for an unlimited time in computerized version and non-automated printed version.
WHO AND HOW PROCESSES YOUR PERSONAL DATA?
DIVERAHUB shares your personal data only in order to improve products and services.
We process personal data evidence using systems that serve accounting and marketing purposes. Those systems are secure and only accessed by liable personnel contracted by DIVERAHUB company. Third party personnel are trained and follows internal DIVERAHUB company guidelines. Personnel in question concerns marketing, sales, accounting departments and delivery service providers.
You have full control over your personal data that we keep on our records. You can limit the information we collect about you and/or how we use it. You have the final say about whether and how we process your personal data. Should you choose to have your personal data deleted from our records, please contact us at DIVERA HUB SRL, Calea Baciului Nr.179B, Cluj-Napoca, Romania or email us at [email protected]
DIVERAHUB company is allowed to update the above stated information regarding „Personal Data Protection“ and will always inform you of such an update and/or any change that would concern your personal data handling.
- MARKETING INFORMATION DELIVERY AND SAVING OF COOKIES
12.1. The Buyer agrees to receive the information related to goods, services or company of the Seller to the Buyer’s email address and agrees to receive commercial communication sent by the Seller to the Buyer’s email address.
12.2. The Buyer expresses his consent with storage of the so-called cookies in his computer. In the event that the purchase can realized via the web page interface and the obligations of the Seller under the purchase contract to perform the contract provision, without the necessity to store cookies on the Buyer’s computer, the Buyer may revoke his consent under the previous sentence at any time.
- DELIVERY OF DOCUMENTS
13.1. The notification concerning relations between the Seller and the Buyer, in particular regarding the withdrawal from the purchase contract, must be delivered by post in the form of a registered letter, or by e-mail. The notification delivered by the registered letter shall be delivered to the relevant contact address of the other party, and shall be deemed delivered and effective upon their delivery through the postal services, with the exception of the notification of withdrawal from the contract by the Buyer, when is the withdrawal becomes effective, if notification is sent by the Buyer within the time limit determined for the withdrawal from the contract.
13.2. The notification is considered delivered if its takeover was refused by the addressee, or which was not picked up in the given period of storage at the post office, or which is returned as undeliverable
13.3. The contractual parties can deliver the regular correspondence to each other to via electronic mail, to the e-mail addresses indicated in the user account of the Buyer or specified by the Buyer in the purchase order or to the address listed on the web page of the Seller.
- FINAL PROVISIONS
14.1. If the relationship arising from the Purchase contract includes an international (foreign) element, then the parties agree that such relationship is governed by Romanian law. This does not affect the consumer rights resulting from generally binding legal regulations.
14.2. If any provision of these terms and conditions is invalid or ineffective, or if it becomes such, the invalid provision is replaced by a provision the meaning of which will be as close as possible to the original provision. The invalidity or unenforceability of one provision shall not affect the validity of the other provisions. Any changes and supplements to the purchase contract or Business Terms and Conditions require a written form.